I started participating on this site with a long post about being Duped by Kindergarten. I received really great advice from posters and tried new ideas, etc. I discussed my issues with my director and she absolutely refused to change my split shift, kindy schedule and has continuted to expect more and more unpaid overtime. So, realizing I could not change my current schedule I sought to change my current circumstances.

I began applying for uni jobs and, after a recent interview was offered a position at a uni and have accepted it.

So, now I want to break my contract at the hagwon that I have worked at for four months.

So, I think I know the generalities but now I have specific complications that I hope the wise and learned readers here can answer.

My contract is silent on notice but I want to give 30-60 days.

My only financial pitfall is that my six-month mark is August 21, 2003 and then no airfare to pay back.

Start date at uni is August 25, 2003

Complication - hagwon has given me vacation July 25-August 3, 2003 and I have purchased an airplane ticket to return to Canada for one week. Ticket is not yet issued and the travel agent has been informed of my situation. I can change the dates of the ticket until August, Christmas, whatever.

I will be giving a letter of resignation to my Director and will request a letter of release (which I will prepare copies in English and Korean).

So, my questions:

1. Have I covered my contractual/legal obligations with letter of resignation, letter of release? At what point am I physically taking the letter of release to Immigration?

2. Is my old work E-2 work permit transferred to the uni and will therefore expire in 8 months?

If yes, I just do a visa run to Japan in 8 months, therefore giving 60 days notice to the hagwon, not lose my original airfare. Can I still take my scheduled vacation at the end of July?

3. Is my old work permit cancelled and a new one issued to the uni?

If yes to question 3, I should leave the country to allow visa processing. Ideally, a new visa could be processed in Canada (therefore I can take advantage of my pre-purchased airplane ticket intended for my July vacation). If this is my best option, then it's 30 days notice to the Hagwon and I leave Korea for August and have my original airfare deducted from my last month's pay. but I can live with that.

4. Am I changing class of Visas? E-2 to E-1?

I am sure there is something I am overlooking. Please let me know. I really do appreciate advice given and I think this forum is invaluable.

Big problem I see is getting that letter of release from your hogwon. If they won't release you, you are $%^&#@ until your visa expires.

Don't get worry about re-embursing the airfare, if its that bad and thats all they want, consider it money well spent for a univ job

No your visa will not transfer, that I'm sure of. If you get that letter of release you could use that plane ticket to Canada and get your new visa there or my suggestion go down to Thailand or somewhere nice and have some fun while getting the new visa

finally no your visa will still be an E2, I think there might be under 100 people with an E1 here. Here even people employed by the English Dept are all on E2 visas.

Yes - I looked at the efl-law.com site before I posted. I have a sample letter of release and have customised it for my employer. The site says that even if your employer refuses to sign it you can send it to immigration and tell immigration that they have refused to sign. Immigration will then call the employer. Immigration won't give releases for foreign teachers who ask for releases frequently. That's all from the site.

WHEN DO I TAKE THE LETTER TO IMMIGRATION? After my resignation date? Do I give it to the new employer to send in with the new visa application?

Now - what about this 9 month rule that I have read about. You mean you can quit but you can't work until 9 months of your contract has expired. Sheesh. If this is the case then I am about to quit, and not get to take the uni job. *&%^$$

So, Rudyflyer, are you saying I need to give 30 days notice, which means finish at the school late July, and be out of the country for the visa processing? I can eat the airfare bsuiness - a good price for a uni job.

Yes - Thailand would be more fun but the boyfriend is in Canada - that will be even more fun. Who would have thought it Canada and fun in the same sentence

Yes - I have been in contact with EFL law folks. Very quick reponse. The gist of the matter is that my freedom to accept the uni post is solely dependent on the letter or release. Without it I am hooped.

So, EFL is giving me some advice on how to proceed.

I presented the issue to my employer last night and while it was not pretty it was not nearly as ugly as I have seen in Korea.

I am lucky in that my employer did not pay a recruiter to get me here. If I was staying past 6 months they would lose their airfare but since I will be going before that date I will be reimbursing them. So, it's just a matter of convincing them - and with a summer program approaching, they might need me more than I need them.....

Good luck Catalina. I hope your hagwon's inital panic subsides and you can secure that letter of release. Sounds like you have a great opportunity coming up and hopefully your hagwon will be understanding. Keep us posted with any successful tips you can offer for negotating a good solution all round.

I arranged a meeting with the boss to explain my situation and ask for a Letter of Release (LoR). The meeting apperared to go very well. She said she would think about it and let me know.

When I arrived at work the next day all the internet was shut down and my computer was gone.

I found the boss and asked what is up. Well - her husband was very upset and won't give a release letter to anyone - no matter what. Turns out that he is the business owner so what he says goes. It was hell for three days. He screamed at the other foreign teacher when she asked about the internet. He snarled at me when I said hello. It was a tense.

Finally, we had a meeting and he explained that because he belongs to an assocaition of hagwon owners and their policy is no LoRs he won't give me one. He gave me the option of staying or leaving. He also explained that it would look really bad to the parents if the school loses a teacher within the contract time.

So, after much consultation with EFL Law (nope -nothing I can do to get a LoR) and some financial review (4 months into contract, I would have to pay back airfare and most likely lose my deposit), and a meeting with the boss to re-negotaite some aspects of my current contract (less kindy teaching, later start time, no more Saturday meetings, minimum three hours between kindy and elementary blocks so I can go to gym and taekwondo, reference letter in English and Korean at end of contract) - I will be staying here.

So, I called the uni and declined the job offer. That stung but since I have a contact there I hope to go for a position again once I finish this contract and I am a free agent. So, on a good day it's okay - on a bad day it's hellish.

I will be sending EFL-Law a donation for their plan to challenge the release letter stuff. Hope this posting will convince others to do the same.

Joined: 19 Feb 2003Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan

Posted: Mon Jul 07, 2003 7:37 am Post subject: uni paperwork

Why on Earth (or even in Korea ) did you turn down the job offer? I read all the posts here at one setting, and was worried about the results after reading your original post. This is not the place to ask questions about the paper work you need to make sure you get your visa for your new position. Your new position is the place. They, and only they, know what they want and need and how to get it. And if they knew your situation, and we know you already signed a contract (THEY WANTED YOU) they might be able to get your visa etc. without any problems. TELL THEM THE SITUATION. It might not be too late. The personel office at that university's job is to make sure that whomever the department wants to hire gets in.